County Board of Zoning Appeals denies special use variance for Invenergy's Tamarack Solar Project

This week the Marshall County Board of Zoning Appeals voted to deny the Special Use Variance for the Tamarack Solar Energy project in Burr Oak.  A solar farm is permittable in an agricultural zoning district with a Special Use Variance.

For over a year, Invenergy has been waiting for the final pieces of the puzzle to be completed so they could apply for the special use to permit an industrial solar farm near Burr Oak. The delay was caused by Marshall County's work to create Road Use and Decommissioning Agreements.

The County BZA has held three public meetings in the last few weeks, allowing nearly 8 hours of testimony from the petitioners and the public. The first meeting was at Plymouth High School, while the second two meetings were conducted at Plymouth Wesleyan Church.

During this week’s meeting, the public heard from Ethan Sternberg of Invenergy and the Marshall County Board of Zoning Appeals members Jeff Gustafson, Matt Miller, David Hostetler, Trent Bennett, and Jim Kephart.

After hearing from over 100 individuals during the prior public hearings, BZA members had many questions about Invenergy’s solar project in Union Township. 

Board members asked questions about setbacks, buffer zones, decommissioning, and concerns about the impact on wildlife and their habitat.

Another big concern citizens and BZA members wanted to know was what would happen if the company sold the project to another entity after its construction.

Sternberg explained that the same conditions the farmers have with their leases, monetary and otherwise, in their agreements would still be legally applied if there was a new buyer.

The Project Developer with Invenergy also detailed several changes the company made recently to the project, considering the public's input at the previous meetings.

If the variance had been issued, Invenergy would have had one year to obtain the building permit. The proposed timetable for this solar farm is four years, so Sternberg asked for an extension. He noted that obtaining property leases and Indiana Regulatory Commission approval can take a couple of years.

County BZA President, Jeff Gustafson mentioned the allegations of a conflict of interest, with a County Commissioner supposedly having a stake in the project.  He also mentioned that one member of the County Plan Commission is employed by a renewable energy company.

There will be a change in the county’s administration on the first of the year that could bring changes to the board’s membership. Gustafson suggested that Invenergy withdraw their application and re-apply once the board is determined.  He also reminded them that if the BZA votes down the Special Use Variance request, Invenergy would have to wait a year to reapply.   There is also a window where Invenergy can appeal the decision, and there is a possibility they will file a lawsuit to challenge board member’s decisions.      

Monday night, the Marshall County Board of Zoning Appeals voted 4-1 against the Special Use Variance with Dave Hostetler being the only member to vote in support of the project.

This solar farm project was projected to invest $250 million in Marshall County and their property taxes were estimated at 5 to 10% of the project’s cost.